I-Team probes credibility of officers allegedly caught lying

Perhaps no one's credibility is more important as that of a police officer, but the WBAL-TV 11 News I-Team has video and audio recordings that raise troubling questions about why cops whose credibility has taken a serious hit are still on the streets.

Video 11 News obtained that was taken by a store security camera is the reason why charges in a federal drug case were dropped. I-Team lead investigative reporter Jayne Miller said it doesn't happen very often because the feds like cases that are airtight, but in this case, a federal judge agreed the video contradicts the testimony of a key witness in the case -- Baltimore City police detective Jamal Harris.

"This was actual true video -- true video from the night that this occurred," said lawyer Todd Hyatt. He and lawyer Brad Goldbloom are using the video to sue Harris and other officers involved on behalf of the man arrested in the case.

In testimony in federal court, Harris said he ordered the man's car to be stopped because he saw that the man wasn't wearing a seat belt.

"The driver of the vehicle was not restrained by a seat belt," the detective testified.

The government prosecutor then asked him, 'When you observed the driver not restrained by a seat belt, what was your position in reference to that vehicle?"

Harris replied, "In front of the vehicle."

His statements were under oath, but the video showed the suspected car pulling out and Harris then chasing from behind in a maroon-colored car. Defense lawyers argued it was clear that Harris was never close enough to see what he said he saw.

"When you noticed the seat belt violation, you said you were parallel, if not a little bit ahead, but the video doesn't show that, does it?" the defense lawyer said while Harris was on the witness stand.

The federal judge then interrupted the questioning, Miller reported.

"They go after the car before they could ever see whether there's a seat belt violation at all," the judge said after seeing the video.

A big haul of heroin was taken from the suspect's car, but because the seat belt violation was used to justify the car stop, the case collapsed, Miller reported.

Jared Jaskot told 11 News he witnessed an arrest by city police officers in another case and was in court when the judge hearing the case – first lady Katie O'Malley -- scolded the officers involved for not being truthful.

"I have never seen anything like this in 20-some years of practicing law and nine years of being on the bench. I have never seen anything so despicable," O'Malley said during the proceedings.

Jaskot testified he saw the officers punch the man they were arresting, and that Officer Keith Chase confronted him.

"I yelled to the officer, 'Stop. Stop hitting him.' And Officer Chase looked at me and told me to shut the (expletive) up," Jaskot said in court.

Chase testified that Jaskot wasn't even there. When asked by defense lawyer Ginger Robinson if he remembered telling someone who entered the alley to shut the (expletive) up, Chase replied, "I would not have said that."

"Do you remember someone entering the alley and telling you to stop hitting Mr. Betters?" Robinson then asked. Chase replied, "No, I don't."

Besides being a witness, Jaskot is a lawyer, Miller reported. Judge O'Malley said she saw no reason for Jaskot to lie, but the police officers were a different story.

"The only thing I can assume is that you're not telling the truth," O'Malley said. "I can't believe anything that you say, nor will I ever be able to."

O'Malley acquitted the man who'd been arrested on traffic and drug charges.

"I think that if someone lies under oath that their career should be over. At the very least, there should be suspension and serious discipline. The Office of the State's Attorney should not call these officers as witnesses at trial," Robinson said.

Baltimore police Sgt. Dennis Workley was charged in May with lying in a search warrant. His trial is set for next month. Baltimore Detective Anthony Fata was charged in June with lying about being shot to collect workers' compensation. He goes on trial in April.

But if no crime is charged, what's next?

"The general rule of the thumb in the industry is if you lie, you're gone," said lawyer Karen Kruger, who advises police departments in other parts of the state. She said police honesty is so critical that any allegation that harms credibility hinders what a police officer is paid to do.

"Criminal cases so often depend on the word of the police officer, and if a jury sees this is not a credible person giving this information, the prosecution is going to fail," Kruger said.

In the case involving Jaskot, Internal Affairs investigators looked at the concerns about police honesty raised by O'Malley, but Jaskot wasn't even interviewed, Miller reported. Chase was cleared.

"They knew where I worked. All lawyers are listed in the lawyers' manual. They could have easily gotten ahold of me to testify, and I feel that they intentionally didn't," Jaskot said.

Accused officers still working

Meanwhile, Harris returned to the streets after his testimony in federal court. Under state law, prosecutors must disclose, in cases he handles, the concerns raised and put his credibility on the record, Miller reported. Last year, he made $130,000 in salary and overtime.

Harris denied the allegations in the civil lawsuit against him. In sworn depositions six months ago in that civil case, he repeated the same statements about seeing the seat belt violation.

"Not only does Officer Harris continue to work as a police officer and testify under oath in court, but nobody is doing anything about it," lawyer Goldbloom said.

Chase is also on the street, assigned to a special detail in east Baltimore, Miller reported. Prosecutors must disclose the allegation of untruthfulness about him in cases he handles, which may handicap those cases. Last year, Chase pulled in $100,000 in salary and overtime.

Chase told the I-Team he would not answer Miller's questions.

The police department released a statement about the I-Team investigation, saying, "While the internal investigations into these incidents were completed in 2010 under a previous administration, Commissioner Anthony Batts has directed the newly created Professional Standards & Accountability Bureau to conduct a detailed case audit to reaffirm the police department's commitment to safeguarding public trust. Any activity that undermines the integrity of this department simply will not be tolerated."

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